Alexander v. Alexander

[725]

MUSSELL, J.

Plaintiff appeals from an order denying her application for modification of the provisions of an interlocutory decree of divorce ordering defendant to pay $65 per month for her support and maintenance until her death or remarriage, as set forth in the property settlement approved by the court.

Plaintiff filed her complaint for divorce on June 13, 1936. The default of defendant was entered on the 23d of the same month and plaintiff obtained an interlocutory decree on August 31, 1936. A property settlement agreement was entered into by the parties on July 1, 1936, and was approved by the court.

This agreement contained a recital that it was the desire of the parties thereto that their relation with respect to all property and other financial matters be settled and finally determined and established by the agreement, and that provision be made for the support and maintenance of plaintiff and the care, custody and control of the two minor children of the parties. The community property was described as an automobile, household furniture, and an interest in two cafes, one in Indio and the other in Blythe, California.

It was agreed that defendant should pay $65 per month to plaintiff for life unless she remarried; that each should have the custody of one of the minor children and that defendant should pay $35 per month for the support of the child in the custody of plaintiff. It was further agreed that plaintiff would, and she did assign all her right, title and interest in and to the community property, including an automobile, to the defendant who, in consideration of said assignment

and the other covenants and agreements,

agreed to execute a promissory note to plaintiff in the sum of $500, secured by chattel mortgage. The note was payable at the rate of $100 per month for five months. Defendant agreed to pay the attorney’s fees in the pending action and each party released and discharged the other of and from any claims or demands or obligations arising out of their marital relations except as provided in the agreement. It was agreed that neither of the parties would thereafter assert any right, interest or title to any property of the other. The agreement contained a recital that each party acted upon the advice of counsel and a stipulation that the provisions of the agreement might be made a part of any decree that might thereafter be granted in the pending action.